Text: SF02146 Text: SF02148 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237A.29, Code 2001, is amended to read 1 2 as follows: 1 3 237A.29STATE AND FEDERALPUBLIC FUNDING OF CHILD CARE – 1 4 FRAUDULENT ACTS – SANCTIONS. 1 5 1. State funds and federal funds provided to the state in 1 6 accordance with federal requirements shall not be used to pay 1 7 for the care, supervision, and guidance of a child for periods 1 8 of less than twenty-four hours per day on a regular basis 1 9 unless the care, supervision, and guidance is defined as child 1 10 care as used in this chapter. 1 11 2. a. For the purposes of this subsection, "fraudulent 1 12 means" means knowingly making or causing to be made a false 1 13 statement or a misrepresentation of a material fact, knowingly 1 14 failing to disclose a material fact, or committing a 1 15 fraudulent practice. 1 16 b. If a child care provider has been found in an 1 17 administrative or judicial proceeding to have obtained, by 1 18 fraudulent means, public funding for provision of child care 1 19 in an amount equal to or in excess of the minimum amount for a 1 20 fraudulent practice in the second degree under section 714.10, 1 21 subsection 1, the child care provider shall be subject to one 1 22 of the following sanctions as determined by the department and 1 23 imposed in an administrative proceeding: 1 24 (1) A period during which receipt of public funding for 1 25 provision of child care is conditioned upon no further 1 26 violations. 1 27 (2) Ineligibility to receive public funding for provision 1 28 of child care. 1 29 (3) Suspension from receipt of public funding for 1 30 provision of child care. 1 31 (4) Special review of the child care provider's claims for 1 32 providing publicly funded child care. 1 33 c. The following factors shall be considered in 1 34 determining the sanction or sanctions to be imposed under 1 35 paragraph "b": 2 1 (1) Seriousness of the violation. 2 2 (2) Extent of violations. 2 3 (3) History of prior violations. 2 4 (4) Prior imposition of sanctions. 2 5 (5) Prior provision of provider education. 2 6 (6) Provider willingness to obey program rules. 2 7 (7) Whether a lesser sanction will be sufficient to remedy 2 8 the problem. 2 9 d. In determining the value of the public funding obtained 2 10 by fraudulent means, if the public funding is obtained by two 2 11 or more acts of fraudulent means by the same person or 2 12 location, or is obtained by different persons by two or more 2 13 acts which occur in approximately the same location or time 2 14 period so that the fraudulent means used to obtain the public 2 15 funding are attributable to a single scheme, plan, or 2 16 conspiracy, these acts may be considered as a single instance 2 17 of the use of fraudulent means and the value may be the total 2 18 value of all moneys involved. 2 19 3. a. If a child care provider is subject to sanction 2 20 under subsection 2, the provider shall submit to the 2 21 department the names and addresses of children receiving child 2 22 care from the provider. The department shall send information 2 23 to the parents of the children regarding the provider's 2 24 actions leading to the imposition of the sanction and the 2 25 nature of the sanction imposed. If the provider fails to 2 26 submit the names and addresses within five business days of 2 27 the department notifying the provider, the department shall 2 28 suspend the provider's registration or license under this 2 29 chapter until the names and addresses are provided. 2 30 b. In addition to or in lieu of applying the suspension, 2 31 the department may request that the attorney general or the 2 32 county attorney file a petition with the district court of the 2 33 county in which the provider is located for issuance of a 2 34 temporary injunction enjoining the provider from providing 2 35 child care until the names and addresses are submitted to the 3 1 department. The attorney general or county attorney shall 3 2 file the petition upon receiving the request from the 3 3 department. Any temporary injunction may be granted without a 3 4 bond being required from the department. 3 5 c. If the sanction imposed under subsection 2 involves the 3 6 provider's suspension or ineligibility for receiving public 3 7 funding for provision of child care, the department shall not 3 8 impose those sanctions before the parents of the affected 3 9 children are informed, and upon request, shall provide 3 10 assistance to the parents in locating replacement child care. 3 11 EXPLANATION 3 12 This bill provides that a child care provider who has been 3 13 found in an administrative or judicial proceeding to have used 3 14 fraudulent means to obtain public funding for child care is 3 15 subject to administrative sanctions from the department of 3 16 human services. 3 17 The bill defines "fraudulent means" to mean knowingly 3 18 making a false statement or misrepresenting a material fact, 3 19 knowingly failing to disclose a material fact, or committing a 3 20 fraudulent practice. If a child care provider is found to 3 21 have used fraudulent means to obtain public funding for 3 22 provision of child care in an amount equal to or in excess of 3 23 the minimum amount for a fraudulent practice in the second 3 24 degree, the provider is subject to sanction. The minimum 3 25 amount for a fraudulent practice in the second degree under 3 26 Code section 714.10(1) is an amount in excess of $1,000. Such 3 27 fraudulent practice is a class "D" felony. 3 28 The bill specifies the sanctions that may be imposed by the 3 29 department of human services and provides factors that are to 3 30 be considered in imposing a sanction. The department is 3 31 required to provide information to the parents of the children 3 32 receiving care from the provider regarding the provider's 3 33 actions leading to sanction and the sanction imposed. If the 3 34 provider does not provide the names and addresses of the 3 35 children receiving care, the department must suspend the 4 1 provider's registration or license or seek an injunction 4 2 enjoining the provider from providing child care, or do both. 4 3 The department seeks an injunction through the attorney 4 4 general or county attorney who is required to file the 4 5 petition with the district court. If the sanction involves a 4 6 provider's suspension or ineligibility to receive public 4 7 funding from provision of child care, the department is 4 8 required to give advance notice to the parents of the affected 4 9 children and, upon request, assist those parents in locating 4 10 replacement child care. 4 11 The bill provides that in determining the value of the 4 12 public funding obtained by fraudulent means, if two or more 4 13 acts of fraudulent means used to obtain the funding are 4 14 attributable to a single scheme, plan, or conspiracy, these 4 15 acts may be considered to be a single instance of the use of 4 16 fraudulent means and the value is the total value of all money 4 17 involved. 4 18 LSB 5499SS 79 4 19 jp/pj/5
Text: SF02146 Text: SF02148 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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